Slip-and fall accidents can cause serious injuries. Determining who is responsible for the accident can be difficult. Liability can depend on many factors, such as the condition of the property or the actions of an injured person.

This article will explore factors that can determine liability for a slip and fall injury. We’ll also discuss the concept of premises-liability, as well as how contributory negligence or comparative fault might impact a claim.

Understanding Premises Liability

Premises liability refers to the concept of legal responsibility that makes property owners or occupiers accountable for making their property reasonably safe for guests. Under premises liability, if a person gets injured on another’s property because of hazardous conditions, that property owner or occupier could be held responsible for the injury.

Liability is not a given. Just because you are injured on someone else’s property does not mean that the owner is at fault. To determine liability in a slip and fall case, it is necessary to establish several factors.

Conditions for Proving Fault

In order to establish liability in a slip and fall injury case, a number of conditions must be met. These conditions can help determine if the property owner failed to maintain a safe environment.

1. Duty Of Care The owner or occupier of the property must have a duty to care for the injured person. The injured person must be legally entitled to be on the premises. In general, property owners have a duty to care for invitees, such as customers, clients and guests, and licensees, who are on the property socially or at an invitation. There are some exceptions to this rule, such as if it is a minor.
2. Hazardous Conditions: The slip-and-fall must have occurred because of a dangerous condition, such as wet floors, uneven pavements, poor lighting or cluttered pathways. The injured party must show that the dangerous condition caused the accident.
3. Knowledge: In order to hold a property owner or occupier responsible, it must be proven that they knew or should have known of the hazardous condition. Property owners must conduct regular inspections and deal with potential hazards as soon as possible. The owner may be considered negligent if the hazard has been present for a long time, and they have not corrected it.
4. Failure To Warn or Repair: The property owner or occupier could be held responsible if they knew of the danger but did not fix it or warn the visitors. If, for example, an employee of a store noticed a spill, but did not put up a sign saying “Wet Floor”, or cleaned it up immediately, the store could be held liable for any injuries that resulted from the slip.

Comparative and Contributory Negligence

When determining responsibility in slip-and fall cases, it is common to consider the actions of the injured party. Contributory and comparative negligence laws are used to determine responsibility, based on the role each party played in the accident.

1. Comparative negligence In states with comparative negligence laws, an injured person may still be able to recover damages if they are partially responsible for the accident. Their compensation will however be reduced by the percentage attributed to their fault. If, for example, the court finds that the injured party was 20% at fault (perhaps due to texting while walking), then their compensation is reduced by 20%.
2. Contributory negligence Some states have stricter laws on contributory negligence. This rule states that if an injured person is found even 1% responsible for the accident they will not be able to recover damages. This standard is much stricter and makes it harder for injured people to get compensation.

Common defenses in slip-and-fall cases

In order to avoid liability, property owners and their insurers often raise certain defenses when it comes to slip-and-fall accidents. Some of the most common defences include:

1. Hazard Open and Obvious : A common defense is the claim that a hazardous condition was open and obvious, meaning that any reasonable person could have seen and avoided it. If a person slips and falls on a puddle that is visible by daylight, the owner of the property may claim that the individual was responsible for noticing the danger and taking steps to avoid it.
2. Injured Person was Negligent Another defense is the injured person’s own carelessness. It could be that the injured person was distracted by texting or ignoring warning signs, like “Caution Wet Floor”.
3. Property Owner Unaware Of Hazard If the owner of the property can prove that they did not know about the dangerous condition, and that it only appeared shortly before the accident occurred, they could avoid liability. If a customer spills their drink in a shop and someone slips, the store may argue that it did not have time to clean up or warn other customers.
4. Hazard was Temporary: The property owner may claim that the hazardous situation was temporary, and that he or she took reasonable measures to remedy it. They could, for example, show that the property owner regularly cleaned and inspected the area in which the slip happened, but the accident occurred between regular inspections.

Factors that can affect liability

Liability in a slip and fall case can be affected by several factors, including

• Location of the accident Different rules can apply based on the location, whether it is a commercial or public space.
• Status of the injured person As previously mentioned, a property owner’s duty of care depends on the status the injured person has.
• Timing of the accident : The duration of the hazardous condition can be crucial in proving fault. The property owner is more likely to be held responsible if a hazardous condition was present for several hours or even days, and they did not take any action to correct it.

What to do After a Slip and Fall Accident

You should follow these steps if you have been injured by a slip and fall accident to protect your rights.

1. Seek medical attention immediately, even if you believe your injuries are minor. Your medical records can be used as evidence to support your claim.
2. As soon as possible, report the accident to your property manager or owner and ask for an accident report.
3. Document your scene with photos.
4. Gather information from witnesses.
5. Speak to a personal injury lawyer, who can guide you through the legal system and help determine if you have a claim.

In order to determine fault in a slip and fall injury case, it is necessary to analyze the actions taken by both the property owner as well as the injured party. Legally, premises liability makes property owners responsible for maintaining safe conditions. However, the actions of injured persons can also be considered when determining liability. Understanding the factors that influence fault and taking the right steps following an accident can help you increase your chances of proving your liability and receiving compensation.

This article was written by Jeanette Secor PA Attorney at Law.

For over 20 years, the law office of https://www.wonandover.com/ in St. Petersburg, FL, has been the go-to choice for those seeking justice after an injury. Jeanette Secor is a renowned attorney who specializes in slip and fall cases. She has represented clients successfully in motorcycle accidents, car accidents and slip-and falls.